Hawaii Threshold of Financial Damage Required to Establish the Right to a Trial by Jury, Amendment 1 (2016)
| Hawaii Amendment 1 | |
|---|---|
 | |
| Election date November 8, 2016 | |
| Topic Civil and criminal trials | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
| 2016 measures |
|---|
 |
| November 8 |
| Amendment 1 |
Amendment 2  |
| Polls |
| Voter guides |
| Campaign finance |
| Signature costs |
The Hawaii Threshold of Financial Damage Required to Establish the Right to a Trial by Jury Amendment, also known as Amendment 1, was on the November 8, 2016, ballot in Hawaii as a legislatively referred constitutional amendment. The measure was defeated.
| A vote "for" the measure was a vote to increase the threshold value in controversy requirement for jury trials in civil cases at common law to $10,000. |
| A vote "against" the measure was a vote to keep the threshold value at $5,000. |
Amendment 1 would have continued the right to trial by jury in cases where the value in question exceeds $10,000.[1]
Election results
| Amendment 1 | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| No | 185,586 | 42.4% | ||
| Yes | 201,198 | 46.0% | ||
- Election results from Hawaii Office of Elections
- Note: The percentages above do not add up to 100 percent because of ballots that were cast on which Amendment 2 was left blank. The percentages displayed are the percentages of all ballots cast in the election because the "yes" votes must equal a majority of all votes cast.
Background
Amendment 1 represented the third time voters in Hawaii have voted on value requirements for civil trials. In 1978, voters approved an amendment that increased the value of controversy from $100 to $1,000. A decade later, an increase from $1,000 to $5,000 was also approved.
Text of measure
Ballot title
The proposed ballot title was as follows:[1]
| “ | Proposing an amendment to the Hawaii Constitution to change the threshold value in controversy requirement for jury trials in civil cases at common law from $5,000 to $10,000.[2] | ” |
Ballot question
The proposed ballot question was as follows:[1]
| “ | Shall the threshold value in controversy requirement for jury trials in civil cases at common law be increased from $5,000 to $10,000?[2] | ” |
Constitutional changes
- See also: Article I, Hawaii Constitution
The proposed amendment would have amended Section 13 of Article I of the Hawaii Constitution. The following struck-through text would have been deleted and underlined text would have been added by the proposed measure's approval:[1]
In suits at common law where the value in controversy shall exceed five ten thousand dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury.[2]
Support
Senate Bill 143 was sponsored by Sen. Gilbert Keith-Agaran (D-5) and Sen. Maile Shimabukuro (D-21).[3]
Opposition
Opponents
- State Farm Mutual Automobile Insurance Company[4]
Campaign finance
| Total campaign contributions: | |
| Support: | $0.00 |
| Opposition: | $0.00 |
As of December 12, 2016, no ballot question committees registered to support or oppose Amendment 1.[5][6]
Path to the ballot
- See also: Amending the Hawaii Constitution
The Hawaii State Legislature can propose a legislatively referred constitutional amendment in two different ways. First, through a two-thirds vote in both the Hawaii State Senate and the Hawaii House of Representatives, held in one legislative session. Second, through a simple majority vote in both chambers, held in two successive sessions of the legislature. Senate Bill 143 passed through with more than a two-thirds majority during one legislative session.
On April 14, 2015, the Hawaii House of Representatives approved the amendment, with 47 representatives voting "yea" and four voting "nay." The Hawaii Senate unanimously passed the amendment on April 27, 2015. The measure was enrolled on the same day.[3]
House vote
April 14, 2015
| Hawaii SB 143 House vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 47 | 92.16% | ||
| No | 4 | 7.84% | ||
Senate vote
April 27, 2015
| Hawaii SB 143 Senate Vote | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 22 | 100.00% | ||
| No | 0 | 0.00% | ||
State profile
| Demographic data for Hawaii | ||
|---|---|---|
| Hawaii | U.S. | |
| Total population: | 1,425,157 | 316,515,021 |
| Land area (sq mi): | 6,423 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 25.4% | 73.6% |
| Black/African American: | 2% | 12.6% |
| Asian: | 37.7% | 5.1% |
| Native American: | 0.2% | 0.8% |
| Pacific Islander: | 9.9% | 0.2% |
| Two or more: | 23.7% | 3% |
| Hispanic/Latino: | 9.9% | 17.1% |
| Education | ||
| High school graduation rate: | 91% | 86.7% |
| College graduation rate: | 30.8% | 29.8% |
| Income | ||
| Median household income: | $69,515 | $53,889 |
| Persons below poverty level: | 11.6% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Hawaii. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Hawaii
Hawaii voted for the Democratic candidate in all seven presidential elections between 2000 and 2024.
More Hawaii coverage on Ballotpedia
- Elections in Hawaii
- United States congressional delegations from Hawaii
- Public policy in Hawaii
- Endorsers in Hawaii
- Hawaii fact checks
- More...
Related measures
| Civil and criminal trials measures on the ballot in 2016 | |
|---|---|
| State | Measures |
| California | California Proposition 57, Parole for Non-Violent Criminals and Juvenile Court Trial Requirements
|
| Georgia | Georgia Additional Penalties for Sex Crimes to Fund Services for Sexually Exploited Children, Amendment 2 |
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Hawaii Legislature, "SB 143," accessed February 16, 2015
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 Hawaii Legislature, "SB 143 Status," accessed May 22, 2015
- ↑ Hawaii Legislature, "Senate Committee on Judiciary Testimony for SB 143," accessed May 22, 2015
- ↑ Hawaii Noncandidate Committee Filing System, "Noncandidate committee list," accessed December 12, 2016
- ↑ Hawaii Campaign Spending Commission,"List of Independent Expenditure Committees," accessed December 12, 2016
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